§ 42-72.1-3 - Powers and scope of activities.
SECTION 42-72.1-3
§ 42-72.1-3 Powers and scope ofactivities. – (a) The department shall issue, deny, and revoke licenses for, and monitor theoperation of, facilities and programs by child placing agencies and child careproviders, as defined in § 42-72.1-2.
(b) The department shall adopt, amend, and rescindregulations in accordance with this chapter and implement its provisions. Theregulations shall be promulgated and become effective in accordance with theprovisions of the Administrative Procedures Act, chapter 35 of title 42.
(c) The department through its licensing unit shalladminister and manage the regulations pertaining to the licensing andmonitoring of those agencies, and shall exercise all statutory andadministrative powers necessary to carry out its functions.
(d) The administrator shall investigate complaints ofnoncompliance, and shall take licensing action as required.
(e) Regulations formulated pursuant to the foregoingauthority shall include, but need not be limited to, the following:
(1) Financial, administrative and organizational ability, andstability of the applicant;
(2) Compliance with specific fire and safety codes and healthregulations;
(3) Character, health suitability, qualifications of childcare providers;
(4) Staff/child ratios and workload assignments of staffproviding care or supervision to children;
(5) Type and content of records or documents that must bemaintained to collect and retain information for the planning and caring forchildren;
(6) Procedures and practices regarding basic child care andplacing services to ensure protection to the child regarding the manner andappropriateness of placement;
(7) Service to families of children in care;
(8) Program activities, including components related tophysical growth, social, emotional, educational, and recreational activities,social services and habilitative or rehabilitative treatment;
(9) Investigation of previous employment, criminal recordcheck and department records check; and
(10) Immunization and testing requirements for communicablediseases, including, but not limited to, tuberculosis, of child care providersand children at any child day-care center or family day-care home as isspecified in regulations promulgated by the director of the department ofhealth. Notwithstanding the foregoing, all licensing and monitoring authorityshall remain with the department of children, youth, and families.
(f) The administrator may:
(1) Prescribe any forms for reports, statements, notices, andother documents deemed necessary;
(2) Prepare and publish manuals and guides explaining thischapter and the regulations to facilitate compliance with and enforcement ofthe regulations;
(3) Prepare reports and studies to advance the purpose ofthis chapter;
(4) Provide consultation and technical assistance, asrequested, to assist licensees in maintaining compliance; and
(5) Refer to the advisory council for children and familiesfor advice and consultation on licensing matter.
(g) The department may promulgate rules and regulations forthe establishment of child day care centers located on the second floor.
(h) When the department is otherwise unsuccessful inremedying noncompliance with the provisions of this chapter and the regulationspromulgated under it, it shall petition the family court for an order enjoiningthe noncompliance or for any order that equity and justice may require.
(i) The department shall collaborate with the departments ofhuman services, elementary and secondary education, and health to providemonitoring, mentoring, training, technical assistance, and other services whichare necessary and appropriate to improving the quality of child care offered bychild care providers who are certified, licensed, or approved by the departmentor the department of elementary and secondary education or who are seekingcertification, licensure, or approval pursuant to § 42-72-1 or §16-48-2, including non-English speaking providers.
(j) The department shall adopt, amend, and rescindregulations in the same manner as set forth above in order to permit theplacement of a pregnant minor in a group residential facility which provides ashelter for pregnant adults as its sole purpose.